 The reason of the rule which obliges parties to disclose is to prevent fraud, and to encourage good faith. It is adapted to such facts as vary the nature of the contract ; which one privately knows, and the other is ignorant of, and has no reason to suspect.  The Journal of Jurisprudence - Seite 4711870Vollansicht - Über dieses Buch
 | Sir James Allan Park - 1787 - 660 Seiten
...obliges parties to difclofe, is te prevent fraud, and entourage good faith : it is adapted to fuch facts as vary the nature of the contract, which one...privately knows, and the other is ignorant of, and has no reafon to fufpect. The queftion, therefore, muft always be, " Whether there was, under all the circumftances,... | |
 | Faculty of Advocates (Scotland) - 1791 - 416 Seiten
...be run at the time * of the agreement. * The reafon of the rule which obliges parties to difclofe, is to ' prevent fraud, and to encourage good faith. It is adapted to fuch ' fads as vary the nature of the contrad, which the one privately ' knows, and the other is ignorant... | |
 | Sir James Allan Park - 1799 - 664 Seiten
...fraud, and encourage good faith ; it is adapted to fuch fa£ts as vary the nature of the contra£t, which one privately knows, and the other is ignorant of, and has no reafon to fufpefh The queftion, therefore, muft always be, " Whether there was, under all the circumitances,... | |
 | John Ilderton Burn - 1801 - 266 Seiten
...the parties to difclofe, is to prevent fraud, and encourage good faith ; it Is adapted to fuoh facta as vary the' nature of the contract, which one privately knows, and the other is ignorant of, and has no reafon to fufpect. The queftion, therefore, muft always be — " Whether there waRi under " all the... | |
 | Great Britain. Court of King's Bench, John Prince Smith - 1806 - 614 Seiten
...Mansfield says, " that the reason of the rule, which obliges the parly to disclose, is to prevent fraud and encourage good faith : it is adapted to such facts...other is ignorant of, and has no reason to suspect." The cyiestion, therefore, has always been, wheiso*. The cause was now tried before Lord ELLEN BOROCGI,... | |
 | James Allan Park - 1809 - 924 Seiten
...obliges the parties to difclofe, is to prevent fraud, and encourage good faith, it is adapted to fuch facts as vary the nature of the contract, which one...privately knows, and the other is ignorant of, and has no reafon to fufpecl. The queftion, therefore, muft always be, " Whether there was, under all the circumftances,... | |
 | William Selwyn - 1812 - 732 Seiten
...reconsidered (41). " The reason of the rule which obliges the party to disclose*, is to prevent fraud, and encourage good faith; it is adapted to such facts...other is ignorant of, and has no reason to suspect." The question, therefore, in cases of this kind is, " Whether there were, under all the circumstances,... | |
 | Great Britain. Court of King's Bench, James Burrow - 1812 - 648 Seiten
...professes to act from his own skilland sagacity ; and therefore neither needs to communicate to the other. The reason of the rule which obliges parties to disclose,...is adapted to such facts as vary the nature of the cootract ; which one privately knows, and the other is ignorant of, and has no reason to suspect. The... | |
 | New Jersey. Supreme Court - 1816 - 540 Seiten
...from the same fact. But in the same case Lord Mansfield says, that parties are obliged to disclose " such facts as vary the nature of the contract, which...other is ignorant of, and has no reason to suspect.'* Where a party makes a representation, and asserts a fact as actually existing, he as» sumes upon himself... | |
 | James Allan Park - 1817 - 848 Seiten
...the other. The reason of the rule, which obliges the parties to disclose, is to prevent fraud, and encourage good faith, it is adapted to such facts...other is ignorant of, and has no reason to suspect. The question, therefore, must always be, " Whether there was, under all the circumstances, at the time... | |
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